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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Mirza Ali Raza Waqf – Appellant
Versus
Karnataka Waqfs Protection Joint Action Committee – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this Court calling in question an order dated 09-09-2022 passed by the Karnataka Waqf Tribunal (‘the Tribunal’ for short) in Application No.20 of 2018, whereby order leasing of property to the 6th respondent comes to be set aside.
2. Facts, in brief, germane are as follows: -
2.1. The petitioner is said to be the Muthawalli of the subject Waqf property. The petitioner claims to be a Shia waqf and in terms of waqf deed dated 6-04-1953 the petitioner waqf is said to have been created. The property that is in the name of the waqf is what is described as a schedule to the petition. The petitioner submits an application on 5-05-2017 to the 5th respondent/Karnataka State Board of Auqaf (hereinafter referred to as ‘Board’ for short) for development and lease of waqf property measuring 94488 sq. ft. at Richmond Road, Bengaluru. Bids were called in a manner known to law by issuing notifications in the newspapers of each of the language viz., Deccan Herald, Daily Salaar and Prajawani. It is the averment in the petition that the property to be put to lease was displayed in the notice board of major Masjids in the City of Bengaluru. In response
Persons claiming interest in waqf property must demonstrate appropriate standing under the Waqf Act to challenge actions regarding the property, as determined by the defined scope of 'person interest....
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
The main legal point established in the judgment is the replacement of the Scheme Court by the Waqf Board as per Section 32 of the Waqf Act, 1995, and the requirement for the Official Trustee to comp....
The main legal point established in the judgment is that disputes related to waqf properties, including possession of leased shops, fall under the jurisdiction of the Waqf Tribunal as per the provisi....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
Civil courts retain jurisdiction to determine eviction claims even if waqf status is asserted, unless unequivocally proven as such. Defendants cannot contest landlord's title without substantiating t....
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic classification as encroachers under the Waqf Act.
The court affirmed that interested persons in a Waqf can file for removal of encroachment, and that expired leases render occupants encroachers under the Waqf Act.
A person interested in a Waqf can maintain a suit for removal of encroachment, and an expired lease results in automatic classification as an encroacher under the Waqf Act.
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